kain_kusanagi said:
Soleron said:
Unlike music and movies, watching on Youtube is not consuming the content. Even showing a playthrough of the game isn't devaluing the game, it's promotional. The Youtubers adding commentary own that commentary and should be able to be paid for it, with the game image as fair use. Fair use CAN apply to commercial content. The law needs rewritten to protect those who make new art using game footage - be that Let's Play, machinma, commentary of professonal competitive video games, or anything else that substantially transforms the original work.
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Fair use only alows small portions of content to be used for review and educational purposes. You can't show an entire movie or game on youtube just because you talked through it.
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Again, playing a game is different than watching it. For "fair use" purposes, absolutely none of the content is being used, really.
